CUSTOMER SERVICE
Terms and conditions
Terms and Conditions
Conditions of Purchase and Use
1. Introduction
This document (together with the documents referred to in it) establishes the conditions governing the use of this Website (www.americana.pt) and the purchase of items through it (hereinafter referred to as the “Conditions”). We recommend that you carefully read these conditions, our Cookie Policy and our Privacy Policy before using this Website. Using this Website and placing any order through it implies acceptance of these Conditions and our Data Protection Policies. If you do not agree with all of the Conditions and the Data Protection Policy, do not use this Website. These Conditions are subject to change without notice. It is your responsibility to consult and read them periodically, as the terms and conditions in effect at the time the relevant Contract is executed (as defined below) or the terms and conditions of use of this Website will be applicable at all times. If you have any questions regarding the Terms and Conditions or Data Protection Policies, you can contact us by email at online@americana.pt or by telephone at 244 240 130 (calling from a national landline). The Contract (as defined below) may be executed, at your option, in any of the languages in which the Terms and Conditions for its execution are available on this Website.
2. Our data
The sale of articles through this Website is carried out under the name of Americana – Papelaria SA, a public limited company, with registered office at Rua Imaculada Conceição, nº129, 2410-338 Leiria, registered at the Registry Office under number 509 959 008, with a share capital of €1,300,000.00 (one million and three hundred thousand euros).
3. Your data and your visits to this website
The information or personal details you provide will be processed in accordance with our Data Protection Policies. By using this Website, you agree to the processing of information and data, and you certify the veracity and accuracy of the information and details provided.
4. Using our Website
By using this Website and placing orders through it, you undertake to:
i. Use this Website only to make legally valid inquiries and orders. Do not place false or fraudulent orders. If we reasonably determine that an order has been placed fraudulently, we are authorized to cancel it and inform the competent authorities.
ii. Email address, postal address, and/or any other contact details must be true and accurate. You agree that Americana may use this information to contact you if necessary (see our Privacy Policy). If you do not provide all the information requested, you will not be able to place your order. By placing an order on this Website, you represent that you are of legal age and have the legal capacity to enter into contracts of this nature.
If you do not provide all the information requested, you will not be able to place your order.
By placing an order on this Website, you represent that you are of legal age and have the legal capacity to enter into contracts of this nature.
5. Service Availability
The items offered on this Website are only available for delivery in Portugal and Spain.
If you wish, you can order items from another EU Member State, outside of Portugal, through this website. The items ordered can only be delivered to Americanas stores or to delivery addresses in Portugal and Spain.
6. Conclusion of the contract
To place an order, the user must follow the online purchase procedure and click "Authorize Payment", before which they must read and accept these Conditions of Purchase. At this point, you will be entering into a purchase and sale contract with us (the "Contract"). After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You will then be notified by email confirming the shipment of your order (the "Shipping Confirmation"). An electronic ticket with your order details must be attached to the Shipping Confirmation.
7. Product Availability
All item orders are subject to availability. Therefore, if there are supply difficulties for certain items, or if an item is out of stock, Americana will refund the amount paid for the unavailable items within 30 days.
Corporate and reseller accounts that order out-of-stock items will receive them when they become available.
8. Delivery
Without prejudice to clause 7 above regarding the availability of items, and except in any extraordinary circumstances, Americana will make every effort to ship the order consisting of the item(s) mentioned in each Order Confirmation before the date indicated in the respective Order Confirmation, or, in the event that there is no specified delivery date, within the period mentioned at the time of selection of the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
Notwithstanding, there may be reasons for delay in delivery, such as, for example, customization of the items, or the occurrence of unforeseen circumstances.
If we are unable to meet the established delivery date for reasons beyond our control, we will inform you of this circumstance and offer you the option to continue with your purchase, select a new delivery date, or cancel your order with a full refund, without prejudice to any other rights you may have under applicable law. Please note that Americana does not deliver on Saturdays or Sundays.
For the purposes of these Terms and Conditions, delivery or the order will be deemed to have been completed or delivered when you or a third party indicated by you takes physical possession of the items, as evidenced by your signature on the Order receipt at the stipulated delivery address.
9. Impossibility of delivery
If we are unable to deliver your order, we will leave a notification explaining the location of your order and how to proceed to arrange a new delivery.
If the product is not delivered within the stipulated period, the User may be charged amounts corresponding to the costs of storing the products and resulting from new delivery attempts.
If the product is not collected from the store within 15 days from the date on which the customer was informed that the order is available for collection, the customer will be deemed to wish to terminate the contract and the amount of the order will be refunded (the value of the items referred to in point 14.3 will not be refunded).
10. Transfer of risk and ownership of products
The user will be responsible for the risks associated with the item from the moment the items are delivered.
The user will own the products from the moment Americana has received full payment of all amounts due in relation to the item, including delivery costs, or at the time of delivery (as defined in clause 9 above), if this occurs at a later date.
11. Purchasing items as a guest
The guest purchasing feature is also available on our Website. By choosing this type of purchase, only the essential data will be required to process your order. When completing the purchase process, you will be offered the opportunity to register as a user, or to continue as an unregistered user.
12. Value Added Tax (VAT)
Under current legislation, all purchases made through this Website are subject to the current Portuguese Value Added Tax (VAT) rate.
13. Price and payment
The price of the items will be that stipulated at all times on our Website, except in cases of obvious omission. While Americana makes every effort to ensure that the prices listed on our Website are accurate, errors may occur. If we detect an error in the price of any of our items ordered by you, we will inform you as soon as possible, offering you the option to confirm your order at the correct price or cancel it. If we are unable to contact you directly, the order will be considered canceled, and we will refund all amounts paid by you for the order.
Americana is not obligated to supply any item at the incorrect lower price (including after sending the Delivery Confirmation) if it is an obvious and unmistakable error that could reasonably be identified by you as an incorrect price.
The prices shown on our website (www.americana.pt) include VAT for end customers but exclude delivery costs, which will be added to the total order price, as indicated in our Shopping Guide - Delivery Costs. For business and reseller segments, the prices shown are exclusive of VAT, which will only be displayed in the total order price, along with delivery costs.
The prices shown on the website are exclusive to online purchases and may differ from those in our physical stores.
Prices are subject to change at any time. However, except as previously mentioned, these changes will not affect orders for which an Order Confirmation has been issued.
Once you have selected all the items you wish to purchase, they will be added to your shopping cart, and the next step will be order processing and payment. To do this, the user must follow the steps of the purchase process, filling out or verifying the information required at each step. The user may, during the purchase process and before proceeding to payment, modify the order details at any time. Detailed information about the purchase process can be found in the Purchase Guide. If you are a registered user, you can also view the record of all your previous orders in the "My Account" section.
To pay for the items ordered, the user can use MB, MBWAY, Visa, and Mastercard cards.
To minimize the risk of unauthorized access, the credit card details used for payment will be encrypted. After receiving the user's request, Americana will perform a pre-authorization on your card to ensure it has sufficient funds to complete the transaction.
By clicking "Authorize Payment", you confirm that the credit card is yours.
Credit cards are subject to authorization by the card issuer. If payment is not authorized by the card issuer, Americana declines all responsibility for any delays or failure in delivery of the order, and will not be able to formalize any contract with you.
14. Exchange and return policy
14.1 Right to freely terminate the contract
When entering into a contract as a consumer, you have the legally enshrined right to terminate the Contract within 14 days of its conclusion without any justification.
The period for free withdrawal of the Contract expires 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, takes physical possession of the items or, in the case of several items that are part of a single order but are delivered separately, 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, takes physical possession of the last item included in the order.
To exercise the right to freely terminate the contract, the user must use the website by filling out the Returns form or notify Americana by telephone at 244 240 130 (call to the national landline network), or by email to online@americana.pt or for corporate customers: pro@americana.pt and resale customers: revenda@americana.pt of their decision to terminate this Contract, by means of an unequivocal statement (for example, a letter sent by post or email).
To comply with the deadline for freely terminating the contract, it is sufficient to send Americana your communication regarding the exercise of your right to terminate the contract before the end date to exercise said right to freely terminate the contract.
Effects of free termination of the contract
If you terminate the Contract, Americana will refund all payments made by you, including delivery costs to the original delivery location (except for additional costs resulting from your choice of a delivery method other than the lowest-cost standard delivery offered), without undue delay and, in any case, within a maximum period of 14 days from the date on which Americana receives information about your decision to terminate this Contract. The refund will be made using the same payment method used by you for the initial transaction. In any case, you will not incur any expenses as a result of said refund. However, Americana may suspend the refund until the returned items have been delivered.
The user must return, return, or deliver the items with the invoice to any Americana store or via a delivery service provided by Americana without undue delay and, in any case, within a maximum period of 14 days from the date of notification of termination of this Agreement. This deadline is considered met if the user returns the items before the end of the aforementioned 14-day period.
Except in cases where the user returns the items to any Americana store or via a delivery service provided by Americana, the user must bear the costs of returning the items.
Please note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return through a carrier chosen by them and not by Americana, we cannot assume the risk in the return packaging for reasons not attributable to Americana.
Likewise, the customer is responsible for the contents of the return package when choosing one of the return methods indicated by Americana. If there is an error in the contents of the return package not attributable to Americana, we have the right to charge the customer for the costs associated with the corresponding return, if applicable.
14.2 Contractual right to return products
In addition to the legally recognized right of free termination of the contract mentioned in the above clause, Americana grants the user a period of 14 days, from the date of delivery of the items, to return them (except in the cases mentioned in the above clause, which exclude the right to return the products).
The user will be responsible for the costs of returning the items, when this is not done through the delivery service provided by us.
The user may exercise their right to return the products as provided for in clause 14.1 above for the exercise of the right to free termination of the contract. In any case, the User must inform Americana of their intention to return the products and return the items within 14 days from the date of delivery.
14.3 Conditions for exercising the contractual right to return the products
The user will not have a contractual right to return the products in relation to the following items:
I. Customized items
II. Items made to order
III. Items without their original packaging
IV. Sealed products that are not returnable for hygiene reasons, whose seal has been removed after delivery.
V. Products that are cut to customer size, such as fabrics and ribbons
The user's contractual right to return products will apply exclusively to products returned in the same condition in which they were delivered. No refund will be made if the items have been used beyond opening, or if the items are not in the same condition in which they were delivered, or if they have been damaged. Therefore, the user must take due care of the item(s) while they remain in their possession. Please return the products using or including their original packaging, instructions, and other documentation, if any, that accompanied the items. Products must be returned accompanied by the receipt provided to you upon delivery of the order.
Since fabrics and ribbons are cut according to the specifications and measurements requested by the customer, these items cannot be exchanged or returned. Americana takes great care in describing the fabrics and ribbons in the quality of the photographs presented to ensure maximum customer satisfaction. However, the color/texture/structure of the fabrics and ribbons may differ from that shown on your monitor and, therefore, will not be considered a defect in the item.
After return, items must be returned to our services as follows:
(i) Return to any Americana store: The user may return any item by delivering it to any Americana store nationwide that has a section for items to be returned. In this case, the user must go to a store along with the invoice attached to the shipping confirmation email, which can be presented digitally on their mobile device or by printing it out.
(ii) Return by courier service: To return the item(s) using the courier service we provide, you must contact us using the form on our website, or by calling 244 240 130 (a call to a national landline) or by email to arrange collection of the item(s) at the original delivery location. Items must be returned in the same packaging in which they were delivered, with the invoice.
Neither of the two options described above will incur any costs for the user. If you purchased the goods as a guest, you may request a return by courier service by calling 244 240 130 (a call to a national landline).
If you choose not to return the items using any of the free return methods described above, you will be responsible for the return costs.
You can also contact our services using the returns form or return the items directly to the address indicated on the receipt you received upon receiving your order. We recommend that you return your order as soon as possible, along with the corresponding receipt, to the address indicated therein. In this case, you will be responsible for the costs of returning the items.
After examining the items, Americana will inform you of your right to a refund of the amounts paid. Delivery costs will be refunded when you exercise your contractual right to return the products within the contractually established period and if you return all items included in the order. The refund will be paid as quickly as possible and, in any case, within 14 days from the date Americana receives notification of your intention to cancel. Notwithstanding the above, Americana may suspend the refund until the items are actually returned. The refund will always be paid using the same payment method used to pay for the initial purchase.
The user will bear the costs of returning the items if they do not opt for any of the free return options described above. If you have any questions, please contact our services by telephone at 244 240 130 (calling from a national landline).
Notwithstanding the limitations on the contractual right to return products, provided for in clause 14.2, this Clause shall not apply to the exercise of the consumer's legally granted right to free termination of the contract, in particular with regard to the limitation of the rights to inspect and handle goods.
14.4 Return of Defective Items
If, upon delivery, the user considers that the item does not meet the conditions stipulated in the Contract, they must immediately contact our services by email or by telephone at 244 240 130 (calling from a national landline), within the legally established two-month period, indicating the details of the product and the damage suffered, so that we can advise them on how to proceed.
The user may return the item to any Americana store, providing the receipt, or through the delivery service provided by Americana, with the invoice being provided. Items must be returned with the receipt provided upon delivery of the order, and the corresponding amount will be subsequently refunded. As legally established, instead of canceling the contract (and consequently returning the item and refunding it), you may also choose to replace the product or obtain an appropriate price reduction.
The refund of the price, replacement of the item, or an appropriate reduction in the price paid for the item will be made as soon as possible, and in any case, within 30 days of the user's request for replacement of the item's conformity.
Amounts paid for items returned due to damage or defects, if any, will be refunded in full, including delivery costs related to shipping the item and the costs of its return or replacement. The refund will be paid using the same payment method used to make the original purchase.
All rights recognized by current legislation are safeguarded.
14.4.1 Warranty
All products available for purchase at Americana include a 3-year warranty.
14.5 Variations that should not be considered defects
Items sold by Americana, and especially handcrafted items, often display characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots, and color, cannot under any circumstances be considered defects or damage. On the contrary, the consumer must detect and appreciate their presence. Americana selects only items of the best quality, but natural characteristics are unavoidable and should be understood as part of the item's individual appearance.
The provisions of this clause do not affect your rights as a user and consumer, or your right to cancel the Contract.
14.6 Right of withdrawal and return of orders from abroad
If you have ordered articles from another EU Member State outside of Portugal via this website, clauses 14.1, 14.2, 14.3 apply with the restriction that the transport determined by us may only be carried out to the original delivery address within Portugal.
We further inform you that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.6 does not apply) obliged to pay the shipping costs to addresses other than the original delivery address, nor the return costs for destinations outside of Portugal.
15. Intellectual Property
You acknowledge and agree that all copyrights, trademarks, and other intellectual property rights in the materials or content provided as part of this Website are owned by Americana, or belong to owners who have granted Americana the necessary license for their use. Use of said material is only authorized to the extent expressly authorized by Americana or its owners. This condition does not prevent the use of this Website for the necessary copying of the information in your order or contact details.
16. Viruses, Hacking, and Other Computer Attacks
You may not misuse this Website by intentionally introducing a virus or any other technologically harmful or damaging software or material. The user must not attempt to gain unauthorized access to this Website, the server on which it is hosted, or any server, computer, or database related to our Website. The user undertakes not to attack this Website through any denial-of-service attack or a distributed denial-of-service attack.
Any failure to comply with the provisions of this clause will be considered an infraction under the terms defined by applicable law. Americana will report any breach of this regulation to the competent authorities and will cooperate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorization to use this Website will be immediately suspended.
Americana disclaims any liability for any damage or injury resulting from a virus attack or any other technologically harmful or damaging software or material that may affect the user's computer, IT equipment, information, or materials as a result of using this Website, downloading content from it, or from third-party websites to which the user is redirected by this Website.
17. Links from our website
If our Website contains links to other websites and third-party materials, these links are provided for informational purposes only, and Americana has no control over the content of these websites or materials. Therefore, Americana will not accept any liability for damage or injury arising from their use.
18. Written Communication
Applicable law requires that some of the information Americana sends to you be communicated in writing. By using this Website, you agree that most of your communication with Americana will be electronic. Americana will contact you by email or provide you with information through alerts posted on this Website. For contractual purposes, you agree to the use of these electronic means of communication, and that all contracts, notices, information, and other communications sent to you electronically by Americana comply with the same legal requirements as written communication. This condition does not affect your legally recognized rights.
19. Notifications
Notifications sent by the user to us must preferably be made using our email address. Under the terms set forth in the clause above, and unless expressly stipulated otherwise, Americana may send notifications to the user by email or to the postal address indicated by the user when placing an order. Notifications are deemed to have been received or correctly served upon their publication on our Website, 24 hours after their sending by email, or three days after the date of mailing of any letter. As proof of the sending of any notification, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, with the correct postage and delivered to the post office or deposited in a mailbox, and in the case of an email, that the notification was sent to the email address specified by the recipient.
20. Transfer of Rights and Obligations
This Agreement is binding on Americana and you, as well as on your respective successors, assignees, and transferees. You may not transfer, assign, impose, or otherwise transfer a Contract, or any of the rights or obligations arising therefrom, without Americana's prior written consent. Americana reserves the right to transfer, assign, impose, subcontract, or otherwise transfer a Contract, or any of the rights or obligations arising therefrom, at any time during the term of the Contract to any company within the Group. All other transfers of Americana's contractual position, rights, or obligations under this Agreement shall also be subject to your prior consent.
For the avoidance of doubt, transmissions, assignments, impositions or other forms of transfer do not affect any rights applicable to you as a consumer that are recognized by applicable law, nor do they cancel, diminish or limit in any way the tacit and express warranties offered to you by Americana.
21. Force Majeure
Americana assumes no liability for any failure to perform or delay in performing any of the obligations assumed under a Contract, whenever caused by reasons beyond Americana's reasonable control ("Force Majeure").
Force Majeure circumstances include any act, event, failure, omission, or accident beyond our reasonable control, including, among other factors, the following:
i. General strikes or other forms of protest that significantly affect the country.
ii. Public disturbances, riots, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.
iii. Fire, explosion, storm, floods, earthquakes, landslides, epidemics, and any natural disasters.
iv. Impossibility of using trains, ships, aircraft, motorized transport, or other means of public or private transport.
v. Impossibility of using public or private telecommunications systems.
It is understood that Americana's obligations under the Contracts will be suspended during the period affected by any Force Majeure event, and that Americana will have a period of time to perform such obligations equal to the duration of the Force Majeure event. Americana will make all reasonable efforts to end the Force Majeure event or to find a solution that will allow it to perform its obligations under the Contract despite the Force Majeure event.
22. Waiver Rights
Our failure to require you to strictly comply with your obligations under a Contract or these Terms, or our failure to exercise any rights or remedies that we may have under this Contract or these Terms, shall not in any way constitute a waiver or limitation of such rights or remedies, nor shall it exonerate you from compliance with such obligations.
Our waiver of a specific right or remedy shall not in any way constitute a waiver of any other rights or remedies arising from the Contract or these Terms.
Our waiver of any of these Terms or of any rights or remedies arising from the Contract shall not be effective unless expressly stipulated in a waiver of rights and formally notified to you in accordance with the provisions of the Notices section above.
23. Partial Annulment
In the event that these Conditions or any clause of the Agreement is declared null or invalid by resolution of the competent authority, the remaining terms and conditions will remain in effect without being affected by such declaration of annulment.
24. Sole Agreement
These Conditions, and any document referenced in them, constitute the entire Agreement concluded between Americana and the user with regard to their purpose, superseding any pacts, agreements or promises previously established between Americana and the user, whether verbal or in writing.
Americana and you mutually agree to enter into this Agreement without reliance on any representation or promise made by the other party or that may be inferred from any statement or document in the negotiations established between the two parties prior to said Agreement, except those expressly mentioned in these Conditions.
Americana and you undertake not to take any action with respect to any false statement made by the other party, verbally or in writing, prior to the effective date of the Agreement (except in cases where such statements were made fraudulently), and that the only action that the other party may take will be motivated by the breach of the Agreement, as provided in these Conditions.
25. Applicable law and jurisdiction
The use of this Website and contracts for the purchase of articles through it shall be governed by Portuguese law.
If you enter into this Contract as a consumer, the content of this clause shall not affect your legal rights recognized by the applicable legislation in force.
The courts of the district of Leiria shall have jurisdiction to resolve any and all disputes arising from the interpretation or execution of this Contract. The competent alternative dispute resolution center shall be the Consumer Dispute Arbitration Center of the Coimbra Region (CACRC).
26. Complaints Book
The Complaints Book platform is an electronic complaints book that involves the Directorate-General for Consumer Affairs and regulatory bodies across various sectors. You can access www.livroreclamacoes.pt and submit a written complaint to resolve any dispute.
27. Comments and Suggestions
Your comments and suggestions are always welcome. Please send us your comments and suggestions by email (online@americana.pt).
1. Introduction
This document (together with the documents referred to in it) establishes the conditions governing the use of this Website (www.americana.pt) and the purchase of items through it (hereinafter referred to as the “Conditions”). We recommend that you carefully read these conditions, our Cookie Policy and our Privacy Policy before using this Website. Using this Website and placing any order through it implies acceptance of these Conditions and our Data Protection Policies. If you do not agree with all of the Conditions and the Data Protection Policy, do not use this Website. These Conditions are subject to change without notice. It is your responsibility to consult and read them periodically, as the terms and conditions in effect at the time the relevant Contract is executed (as defined below) or the terms and conditions of use of this Website will be applicable at all times. If you have any questions regarding the Terms and Conditions or Data Protection Policies, you can contact us by email at online@americana.pt or by telephone at 244 240 130 (calling from a national landline). The Contract (as defined below) may be executed, at your option, in any of the languages in which the Terms and Conditions for its execution are available on this Website.
2. Our data
The sale of articles through this Website is carried out under the name of Americana – Papelaria SA, a public limited company, with registered office at Rua Imaculada Conceição, nº129, 2410-338 Leiria, registered at the Registry Office under number 509 959 008, with a share capital of €1,300,000.00 (one million and three hundred thousand euros).
3. Your data and your visits to this website
The information or personal details you provide will be processed in accordance with our Data Protection Policies. By using this Website, you agree to the processing of information and data, and you certify the veracity and accuracy of the information and details provided.
4. Using our Website
By using this Website and placing orders through it, you undertake to:
i. Use this Website only to make legally valid inquiries and orders. Do not place false or fraudulent orders. If we reasonably determine that an order has been placed fraudulently, we are authorized to cancel it and inform the competent authorities.
ii. Email address, postal address, and/or any other contact details must be true and accurate. You agree that Americana may use this information to contact you if necessary (see our Privacy Policy). If you do not provide all the information requested, you will not be able to place your order. By placing an order on this Website, you represent that you are of legal age and have the legal capacity to enter into contracts of this nature.
If you do not provide all the information requested, you will not be able to place your order.
By placing an order on this Website, you represent that you are of legal age and have the legal capacity to enter into contracts of this nature.
5. Service Availability
The items offered on this Website are only available for delivery in Portugal and Spain.
If you wish, you can order items from another EU Member State, outside of Portugal, through this website. The items ordered can only be delivered to Americanas stores or to delivery addresses in Portugal and Spain.
6. Conclusion of the contract
To place an order, the user must follow the online purchase procedure and click "Authorize Payment", before which they must read and accept these Conditions of Purchase. At this point, you will be entering into a purchase and sale contract with us (the "Contract"). After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You will then be notified by email confirming the shipment of your order (the "Shipping Confirmation"). An electronic ticket with your order details must be attached to the Shipping Confirmation.
7. Product Availability
All item orders are subject to availability. Therefore, if there are supply difficulties for certain items, or if an item is out of stock, Americana will refund the amount paid for the unavailable items within 30 days.
Corporate and reseller accounts that order out-of-stock items will receive them when they become available.
8. Delivery
Without prejudice to clause 7 above regarding the availability of items, and except in any extraordinary circumstances, Americana will make every effort to ship the order consisting of the item(s) mentioned in each Order Confirmation before the date indicated in the respective Order Confirmation, or, in the event that there is no specified delivery date, within the period mentioned at the time of selection of the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
Notwithstanding, there may be reasons for delay in delivery, such as, for example, customization of the items, or the occurrence of unforeseen circumstances.
If we are unable to meet the established delivery date for reasons beyond our control, we will inform you of this circumstance and offer you the option to continue with your purchase, select a new delivery date, or cancel your order with a full refund, without prejudice to any other rights you may have under applicable law. Please note that Americana does not deliver on Saturdays or Sundays.
For the purposes of these Terms and Conditions, delivery or the order will be deemed to have been completed or delivered when you or a third party indicated by you takes physical possession of the items, as evidenced by your signature on the Order receipt at the stipulated delivery address.
9. Impossibility of delivery
If we are unable to deliver your order, we will leave a notification explaining the location of your order and how to proceed to arrange a new delivery.
If the product is not delivered within the stipulated period, the User may be charged amounts corresponding to the costs of storing the products and resulting from new delivery attempts.
If the product is not collected from the store within 15 days from the date on which the customer was informed that the order is available for collection, the customer will be deemed to wish to terminate the contract and the amount of the order will be refunded (the value of the items referred to in point 14.3 will not be refunded).
10. Transfer of risk and ownership of products
The user will be responsible for the risks associated with the item from the moment the items are delivered.
The user will own the products from the moment Americana has received full payment of all amounts due in relation to the item, including delivery costs, or at the time of delivery (as defined in clause 9 above), if this occurs at a later date.
11. Purchasing items as a guest
The guest purchasing feature is also available on our Website. By choosing this type of purchase, only the essential data will be required to process your order. When completing the purchase process, you will be offered the opportunity to register as a user, or to continue as an unregistered user.
12. Value Added Tax (VAT)
Under current legislation, all purchases made through this Website are subject to the current Portuguese Value Added Tax (VAT) rate.
13. Price and payment
The price of the items will be that stipulated at all times on our Website, except in cases of obvious omission. While Americana makes every effort to ensure that the prices listed on our Website are accurate, errors may occur. If we detect an error in the price of any of our items ordered by you, we will inform you as soon as possible, offering you the option to confirm your order at the correct price or cancel it. If we are unable to contact you directly, the order will be considered canceled, and we will refund all amounts paid by you for the order.
Americana is not obligated to supply any item at the incorrect lower price (including after sending the Delivery Confirmation) if it is an obvious and unmistakable error that could reasonably be identified by you as an incorrect price.
The prices shown on our website (www.americana.pt) include VAT for end customers but exclude delivery costs, which will be added to the total order price, as indicated in our Shopping Guide - Delivery Costs. For business and reseller segments, the prices shown are exclusive of VAT, which will only be displayed in the total order price, along with delivery costs.
The prices shown on the website are exclusive to online purchases and may differ from those in our physical stores.
Prices are subject to change at any time. However, except as previously mentioned, these changes will not affect orders for which an Order Confirmation has been issued.
Once you have selected all the items you wish to purchase, they will be added to your shopping cart, and the next step will be order processing and payment. To do this, the user must follow the steps of the purchase process, filling out or verifying the information required at each step. The user may, during the purchase process and before proceeding to payment, modify the order details at any time. Detailed information about the purchase process can be found in the Purchase Guide. If you are a registered user, you can also view the record of all your previous orders in the "My Account" section.
To pay for the items ordered, the user can use MB, MBWAY, Visa, and Mastercard cards.
To minimize the risk of unauthorized access, the credit card details used for payment will be encrypted. After receiving the user's request, Americana will perform a pre-authorization on your card to ensure it has sufficient funds to complete the transaction.
By clicking "Authorize Payment", you confirm that the credit card is yours.
Credit cards are subject to authorization by the card issuer. If payment is not authorized by the card issuer, Americana declines all responsibility for any delays or failure in delivery of the order, and will not be able to formalize any contract with you.
14. Exchange and return policy
14.1 Right to freely terminate the contract
When entering into a contract as a consumer, you have the legally enshrined right to terminate the Contract within 14 days of its conclusion without any justification.
The period for free withdrawal of the Contract expires 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, takes physical possession of the items or, in the case of several items that are part of a single order but are delivered separately, 14 days after the date on which the user, or a third party other than the carrier and indicated by the user, takes physical possession of the last item included in the order.
To exercise the right to freely terminate the contract, the user must use the website by filling out the Returns form or notify Americana by telephone at 244 240 130 (call to the national landline network), or by email to online@americana.pt or for corporate customers: pro@americana.pt and resale customers: revenda@americana.pt of their decision to terminate this Contract, by means of an unequivocal statement (for example, a letter sent by post or email).
To comply with the deadline for freely terminating the contract, it is sufficient to send Americana your communication regarding the exercise of your right to terminate the contract before the end date to exercise said right to freely terminate the contract.
Effects of free termination of the contract
If you terminate the Contract, Americana will refund all payments made by you, including delivery costs to the original delivery location (except for additional costs resulting from your choice of a delivery method other than the lowest-cost standard delivery offered), without undue delay and, in any case, within a maximum period of 14 days from the date on which Americana receives information about your decision to terminate this Contract. The refund will be made using the same payment method used by you for the initial transaction. In any case, you will not incur any expenses as a result of said refund. However, Americana may suspend the refund until the returned items have been delivered.
The user must return, return, or deliver the items with the invoice to any Americana store or via a delivery service provided by Americana without undue delay and, in any case, within a maximum period of 14 days from the date of notification of termination of this Agreement. This deadline is considered met if the user returns the items before the end of the aforementioned 14-day period.
Except in cases where the user returns the items to any Americana store or via a delivery service provided by Americana, the user must bear the costs of returning the items.
Please note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return through a carrier chosen by them and not by Americana, we cannot assume the risk in the return packaging for reasons not attributable to Americana.
Likewise, the customer is responsible for the contents of the return package when choosing one of the return methods indicated by Americana. If there is an error in the contents of the return package not attributable to Americana, we have the right to charge the customer for the costs associated with the corresponding return, if applicable.
14.2 Contractual right to return products
In addition to the legally recognized right of free termination of the contract mentioned in the above clause, Americana grants the user a period of 14 days, from the date of delivery of the items, to return them (except in the cases mentioned in the above clause, which exclude the right to return the products).
The user will be responsible for the costs of returning the items, when this is not done through the delivery service provided by us.
The user may exercise their right to return the products as provided for in clause 14.1 above for the exercise of the right to free termination of the contract. In any case, the User must inform Americana of their intention to return the products and return the items within 14 days from the date of delivery.
14.3 Conditions for exercising the contractual right to return the products
The user will not have a contractual right to return the products in relation to the following items:
I. Customized items
II. Items made to order
III. Items without their original packaging
IV. Sealed products that are not returnable for hygiene reasons, whose seal has been removed after delivery.
V. Products that are cut to customer size, such as fabrics and ribbons
The user's contractual right to return products will apply exclusively to products returned in the same condition in which they were delivered. No refund will be made if the items have been used beyond opening, or if the items are not in the same condition in which they were delivered, or if they have been damaged. Therefore, the user must take due care of the item(s) while they remain in their possession. Please return the products using or including their original packaging, instructions, and other documentation, if any, that accompanied the items. Products must be returned accompanied by the receipt provided to you upon delivery of the order.
Since fabrics and ribbons are cut according to the specifications and measurements requested by the customer, these items cannot be exchanged or returned. Americana takes great care in describing the fabrics and ribbons in the quality of the photographs presented to ensure maximum customer satisfaction. However, the color/texture/structure of the fabrics and ribbons may differ from that shown on your monitor and, therefore, will not be considered a defect in the item.
After return, items must be returned to our services as follows:
(i) Return to any Americana store: The user may return any item by delivering it to any Americana store nationwide that has a section for items to be returned. In this case, the user must go to a store along with the invoice attached to the shipping confirmation email, which can be presented digitally on their mobile device or by printing it out.
(ii) Return by courier service: To return the item(s) using the courier service we provide, you must contact us using the form on our website, or by calling 244 240 130 (a call to a national landline) or by email to arrange collection of the item(s) at the original delivery location. Items must be returned in the same packaging in which they were delivered, with the invoice.
Neither of the two options described above will incur any costs for the user. If you purchased the goods as a guest, you may request a return by courier service by calling 244 240 130 (a call to a national landline).
If you choose not to return the items using any of the free return methods described above, you will be responsible for the return costs.
You can also contact our services using the returns form or return the items directly to the address indicated on the receipt you received upon receiving your order. We recommend that you return your order as soon as possible, along with the corresponding receipt, to the address indicated therein. In this case, you will be responsible for the costs of returning the items.
After examining the items, Americana will inform you of your right to a refund of the amounts paid. Delivery costs will be refunded when you exercise your contractual right to return the products within the contractually established period and if you return all items included in the order. The refund will be paid as quickly as possible and, in any case, within 14 days from the date Americana receives notification of your intention to cancel. Notwithstanding the above, Americana may suspend the refund until the items are actually returned. The refund will always be paid using the same payment method used to pay for the initial purchase.
The user will bear the costs of returning the items if they do not opt for any of the free return options described above. If you have any questions, please contact our services by telephone at 244 240 130 (calling from a national landline).
Notwithstanding the limitations on the contractual right to return products, provided for in clause 14.2, this Clause shall not apply to the exercise of the consumer's legally granted right to free termination of the contract, in particular with regard to the limitation of the rights to inspect and handle goods.
14.4 Return of Defective Items
If, upon delivery, the user considers that the item does not meet the conditions stipulated in the Contract, they must immediately contact our services by email or by telephone at 244 240 130 (calling from a national landline), within the legally established two-month period, indicating the details of the product and the damage suffered, so that we can advise them on how to proceed.
The user may return the item to any Americana store, providing the receipt, or through the delivery service provided by Americana, with the invoice being provided. Items must be returned with the receipt provided upon delivery of the order, and the corresponding amount will be subsequently refunded. As legally established, instead of canceling the contract (and consequently returning the item and refunding it), you may also choose to replace the product or obtain an appropriate price reduction.
The refund of the price, replacement of the item, or an appropriate reduction in the price paid for the item will be made as soon as possible, and in any case, within 30 days of the user's request for replacement of the item's conformity.
Amounts paid for items returned due to damage or defects, if any, will be refunded in full, including delivery costs related to shipping the item and the costs of its return or replacement. The refund will be paid using the same payment method used to make the original purchase.
All rights recognized by current legislation are safeguarded.
14.4.1 Warranty
All products available for purchase at Americana include a 3-year warranty.
14.5 Variations that should not be considered defects
Items sold by Americana, and especially handcrafted items, often display characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots, and color, cannot under any circumstances be considered defects or damage. On the contrary, the consumer must detect and appreciate their presence. Americana selects only items of the best quality, but natural characteristics are unavoidable and should be understood as part of the item's individual appearance.
The provisions of this clause do not affect your rights as a user and consumer, or your right to cancel the Contract.
14.6 Right of withdrawal and return of orders from abroad
If you have ordered articles from another EU Member State outside of Portugal via this website, clauses 14.1, 14.2, 14.3 apply with the restriction that the transport determined by us may only be carried out to the original delivery address within Portugal.
We further inform you that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.6 does not apply) obliged to pay the shipping costs to addresses other than the original delivery address, nor the return costs for destinations outside of Portugal.
15. Intellectual Property
You acknowledge and agree that all copyrights, trademarks, and other intellectual property rights in the materials or content provided as part of this Website are owned by Americana, or belong to owners who have granted Americana the necessary license for their use. Use of said material is only authorized to the extent expressly authorized by Americana or its owners. This condition does not prevent the use of this Website for the necessary copying of the information in your order or contact details.
16. Viruses, Hacking, and Other Computer Attacks
You may not misuse this Website by intentionally introducing a virus or any other technologically harmful or damaging software or material. The user must not attempt to gain unauthorized access to this Website, the server on which it is hosted, or any server, computer, or database related to our Website. The user undertakes not to attack this Website through any denial-of-service attack or a distributed denial-of-service attack.
Any failure to comply with the provisions of this clause will be considered an infraction under the terms defined by applicable law. Americana will report any breach of this regulation to the competent authorities and will cooperate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorization to use this Website will be immediately suspended.
Americana disclaims any liability for any damage or injury resulting from a virus attack or any other technologically harmful or damaging software or material that may affect the user's computer, IT equipment, information, or materials as a result of using this Website, downloading content from it, or from third-party websites to which the user is redirected by this Website.
17. Links from our website
If our Website contains links to other websites and third-party materials, these links are provided for informational purposes only, and Americana has no control over the content of these websites or materials. Therefore, Americana will not accept any liability for damage or injury arising from their use.
18. Written Communication
Applicable law requires that some of the information Americana sends to you be communicated in writing. By using this Website, you agree that most of your communication with Americana will be electronic. Americana will contact you by email or provide you with information through alerts posted on this Website. For contractual purposes, you agree to the use of these electronic means of communication, and that all contracts, notices, information, and other communications sent to you electronically by Americana comply with the same legal requirements as written communication. This condition does not affect your legally recognized rights.
19. Notifications
Notifications sent by the user to us must preferably be made using our email address. Under the terms set forth in the clause above, and unless expressly stipulated otherwise, Americana may send notifications to the user by email or to the postal address indicated by the user when placing an order. Notifications are deemed to have been received or correctly served upon their publication on our Website, 24 hours after their sending by email, or three days after the date of mailing of any letter. As proof of the sending of any notification, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, with the correct postage and delivered to the post office or deposited in a mailbox, and in the case of an email, that the notification was sent to the email address specified by the recipient.
20. Transfer of Rights and Obligations
This Agreement is binding on Americana and you, as well as on your respective successors, assignees, and transferees. You may not transfer, assign, impose, or otherwise transfer a Contract, or any of the rights or obligations arising therefrom, without Americana's prior written consent. Americana reserves the right to transfer, assign, impose, subcontract, or otherwise transfer a Contract, or any of the rights or obligations arising therefrom, at any time during the term of the Contract to any company within the Group. All other transfers of Americana's contractual position, rights, or obligations under this Agreement shall also be subject to your prior consent.
For the avoidance of doubt, transmissions, assignments, impositions or other forms of transfer do not affect any rights applicable to you as a consumer that are recognized by applicable law, nor do they cancel, diminish or limit in any way the tacit and express warranties offered to you by Americana.
21. Force Majeure
Americana assumes no liability for any failure to perform or delay in performing any of the obligations assumed under a Contract, whenever caused by reasons beyond Americana's reasonable control ("Force Majeure").
Force Majeure circumstances include any act, event, failure, omission, or accident beyond our reasonable control, including, among other factors, the following:
i. General strikes or other forms of protest that significantly affect the country.
ii. Public disturbances, riots, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.
iii. Fire, explosion, storm, floods, earthquakes, landslides, epidemics, and any natural disasters.
iv. Impossibility of using trains, ships, aircraft, motorized transport, or other means of public or private transport.
v. Impossibility of using public or private telecommunications systems.
It is understood that Americana's obligations under the Contracts will be suspended during the period affected by any Force Majeure event, and that Americana will have a period of time to perform such obligations equal to the duration of the Force Majeure event. Americana will make all reasonable efforts to end the Force Majeure event or to find a solution that will allow it to perform its obligations under the Contract despite the Force Majeure event.
22. Waiver Rights
Our failure to require you to strictly comply with your obligations under a Contract or these Terms, or our failure to exercise any rights or remedies that we may have under this Contract or these Terms, shall not in any way constitute a waiver or limitation of such rights or remedies, nor shall it exonerate you from compliance with such obligations.
Our waiver of a specific right or remedy shall not in any way constitute a waiver of any other rights or remedies arising from the Contract or these Terms.
Our waiver of any of these Terms or of any rights or remedies arising from the Contract shall not be effective unless expressly stipulated in a waiver of rights and formally notified to you in accordance with the provisions of the Notices section above.
23. Partial Annulment
In the event that these Conditions or any clause of the Agreement is declared null or invalid by resolution of the competent authority, the remaining terms and conditions will remain in effect without being affected by such declaration of annulment.
24. Sole Agreement
These Conditions, and any document referenced in them, constitute the entire Agreement concluded between Americana and the user with regard to their purpose, superseding any pacts, agreements or promises previously established between Americana and the user, whether verbal or in writing.
Americana and you mutually agree to enter into this Agreement without reliance on any representation or promise made by the other party or that may be inferred from any statement or document in the negotiations established between the two parties prior to said Agreement, except those expressly mentioned in these Conditions.
Americana and you undertake not to take any action with respect to any false statement made by the other party, verbally or in writing, prior to the effective date of the Agreement (except in cases where such statements were made fraudulently), and that the only action that the other party may take will be motivated by the breach of the Agreement, as provided in these Conditions.
25. Applicable law and jurisdiction
The use of this Website and contracts for the purchase of articles through it shall be governed by Portuguese law.
If you enter into this Contract as a consumer, the content of this clause shall not affect your legal rights recognized by the applicable legislation in force.
The courts of the district of Leiria shall have jurisdiction to resolve any and all disputes arising from the interpretation or execution of this Contract. The competent alternative dispute resolution center shall be the Consumer Dispute Arbitration Center of the Coimbra Region (CACRC).
26. Complaints Book
The Complaints Book platform is an electronic complaints book that involves the Directorate-General for Consumer Affairs and regulatory bodies across various sectors. You can access www.livroreclamacoes.pt and submit a written complaint to resolve any dispute.
27. Comments and Suggestions
Your comments and suggestions are always welcome. Please send us your comments and suggestions by email (online@americana.pt).